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PEOPLE v. MANNING

No. 50935.

76 Ill.2d 235 (1979)

390 N.E.2d 903

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. CHRISTOPHER MANNING, Appellee.

Supreme Court of Illinois.

Opinion filed June 1, 1979.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Clyde L. Kuehn, State's Attorney, of Belleville (Donald B. Mackay, Melbourne A. Noel, Jr., and Orisha Kulick, Assistant Attorneys General, of Chicago, and Raymond F. Buckley, Jr., and Martin N. Ashley, of the State's Attorneys Appellate Service Commission, of Mt. Vernon, for the People.

Michael J. Rosborough, Deputy Defender, and John H. Reid, Assistant Defender, of Mt. Vernon, for appellee.

Reversed and remanded.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

The issue here is whether the Unified Code of Corrections (Ill. Rev. Stat. 1975, ch. 38, par. 1001-1-1 et seq.) granted defendant a statutory right to request a jury at the hearing to reexamine his fitness to stand trial. The hearing in question was held prior to defendant's second trial.

Defendant, Christopher Manning, was indicted for

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